Regulations on provisional urgent measures in administrative proceedings in Vietnam

Regulations on provisional urgent measures in administrative proceedings in Vietnam (Internet image)

1. Right to request application of provisional urgent measures in administrative proceedings in Vietnam

Article 66 of the Law on Administrative Procedures 2015 stipulates the right to request application of provisional urgent measures as follows:

- In the course of settlement of a case, involved parties or their representatives may request the court currently settling the case to apply one or several provisional urgent measures specified in Article 68 of the Law on Administrative Procedures 2015 to provisionally deal with urgent requests of involved parties, protect evidences or preserve the current state so as to prevent irremediable damage or to assure the case settlement or judgment execution.

- In emergency cases when it is necessary to immediately protect evidences or to prevent possible serious consequences, agencies, organizations or individuals may file applications to request competent courts to issue decisions on application of provisional urgent measures specified in Article 68 of the Law on Administrative Procedures 2015 simultaneously with the filing of lawsuit petitions with such courts.

- Requesters for application of provisional urgent measures are not required to pay a security.

2. Competence to decide on application, change or cancellation of provisional urgent measures in Vietnam

Article 67 of the Law on Administrative Procedures 2015 stipulates the competence to decide on application, change or cancellation of provisional urgent measures as follows:

- The application, change or cancellation of provisional urgent measures before the opening of a court hearing shall be considered and decided by a judge.

- The application, change or cancellation of provisional urgent measures during a court hearing shall be considered and decided by the trial panel.

3. Provisional urgent measures in administrative proceedings in Vietnam

Article 68 of the Law on Administrative Procedures 2015 provides for provisional urgent measures as follows:

- Suspension of execution of administrative decisions, disciplinary decisions on dismissal or decisions on handling of competition cases.

- Suspension of performance of administrative acts.

- Ban on or compulsion of performance of certain acts.

3.1. Suspension of execution of administrative decisions

Article 69 of the Law on Administrative Procedures 2015 stipulates the suspension of execution of administrative decisions, disciplinary decisions on dismissal or decisions on handling of competition cases as follows:

- Temporarily suspending the execution of administrative decisions, disciplinary decisions on dismissal or decisions on handling of competition cases shall be applied if during the settlement of cases there are grounds to believe that the execution of such decisions will lead to serious irreparable consequences.

- Temporarily suspend the implementation of part or the whole of the audit conclusions and recommendations of the State Auditor if, during the settlement of the case, there are grounds to believe that the implementation of part or the whole of the conclusions and recommendations of the State Auditor. such audit will lead to serious irreparable consequences.

3.2. Suspension of the performance of administrative acts

Pursuant to Article 70 of the Law on Administrative Procedures 2015, the suspension of the performance of administrative acts is as follows:

The measure of suspension of performance of an administrative act shall be applied when there is a ground to believe that the continued performance of such administrative act will lead to irremediable serious consequences.

3.3. Ban on or compulsion of performance of certain acts

In Article 71 of the Law on Administrative Procedures 2015, it is prohibited or forced to perform certain acts as follows:

Prohibition or compulsion to perform certain acts shall apply if during the settlement of the case there are grounds to believe that the involved parties perform or do not perform certain acts which affect the settlement of the case or their rights and interests. legitimate interests of other people involved in the case being handled by the Court.

4. Liability for request for, or application of, provisional urgent measures in Vietnam

Pursuant to Article 72 of the Law on Administrative Procedures 2015, the liability for request for, or application of, provisional urgent measures is as follows:

- An involved party that requests the court to issue a decision on application of a provisional urgent measure shall be held responsible before law for his/her request. If he/she is at fault in causing damage, he/she shall pay compensation.

- The court that applies a provisional urgent measure not true to the request of an involved party, causing damage to the person subject to this measure or to a third party shall pay compensation.

- The court that applies a provisional urgent measure not within the time limit prescribed by law or fails to apply a provisional urgent measure without a plausible reason, causing damage to the requester for application of such measure shall pay compensation.

- The payment of compensation under Clauses 2 and 3 of Article 72 of the Law on Administrative Procedures 2015 shall be made in accordance with the Law on State Compensation Liability.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE